Donna Black v. HHS - Tdap, adhesive capsulitis in her left shoulder (2020)
Case summary [AI summaries can sometimes make mistakes]
Donna Black filed a petition for compensation on January 11, 2017, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on January 29, 2016, caused adhesive capsulitis in her left shoulder. Ms.
Black contended that this condition, listed on the Vaccine Injury Table, resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms.
Black's condition. Despite the respondent's denial, the parties reached a joint stipulation for compensation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation awarded Ms. Black a lump sum payment of $12,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
This award was made on July 8, 2020. Petitioner was represented by Lawrence R.
Cohan of Anapol Weiss, and respondent was represented by Traci R. Patton of the United States Department of Justice.
The decision was unpublished and subject to potential redactions.
Theory of causation
Petitioner Donna Black alleged that the Tdap vaccine administered on January 29, 2016, caused adhesive capsulitis in her left shoulder, an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation resulted in a $12,500.00 lump sum award to petitioner. Petitioner counsel was Lawrence R. Cohan, and respondent counsel was Traci R. Patton. The decision date was July 8, 2020. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the condition alleged.
Source PDFs
USCOURTS-cofc-1_17-vv-00042